Terms And Conditions

BVS, Inc. (“BVS”) has granted the Customer a limited, non-exclusive license to use Virtual Classroom/Meetings according to the following terms and conditions: The Customer acknowledges and understands that Virtual Classroom/Meetings is compatible with many video engines offered by third parties and the Customer and its staff members may use Virtual Classroom/Meetings in combination with any such video engine of their choosing.

If the Customer or its staff members choose to use Virtual Classroom/Meetings in combination with a third-party video engine, they are solely responsible for complying with the third party’s terms and conditions applicable to such video engine, including payment of any fees charged by such third party. BVS reserves all rights not expressly granted to the Customer in this Agreement.

This Agreement does not transfer title to or ownership of Virtual Classroom/Meetings to the Customer.

BVS is not liable to the Customer for damages for any errors, delay, or interruption in services.

Copyright, trademark, trade secret and other laws protect Virtual Classroom/Meetings.

BVS or its licensor is the sole and exclusive owner of all right, title, and interest in Virtual Classroom/Meetings, including all copyrights, trademarks, trade secrets and other intellectual property rights.

Nothing in this Agreement will be construed to convey to Customer any form of ownership in Virtual Classroom/Meetings.

BVS warrants that Virtual Classroom/Meetings, as provided to the Customer, does not infringe the United States copyright, trademark, patent or other intellectual property right of any third party.

The Customer warrants that any Customer data, content or other material that is used with Virtual Classroom/Meetings (“Customer Material”) does not infringe the United States copyright, trademark, patent, privacy, publicity or any other intellectual property right of any third party.

The Customer will defend, indemnify and hold BVS (and its officers, directors, employees, stockholders, agents, successors and assigns) harmless, including payment of reasonable attorneys’ fees, from any loss, claim or damage arising out of any claims, threats or actions by third parties alleging that the Customer Material violates any right of such third party, including those rights listed above.

Except for use in providing the services covered in this Agreement, BVS will not use or disclose any of the Customer’s confidential or proprietary information without the Customer’s written consent.

All Customer Material provided to BVS through Virtual Classroom/Meetings will be owned solely by the Customer and may be deleted at any time by the Customer.

Except as expressly provided for in this Agreement, BVS makes, and Customer receives, no warranty express or implied, and all warranties of merchantability and fitness for a particular purpose are expressly excluded.

Notwithstanding anything to the contrary, BVS will not be liable for consequential, indirect, exemplary, or incidental damages even if it has been advised of the possibility of such damages.

If any provisions of this Agreement are held by a court of competent jurisdiction to be unenforceable, the remaining provisions will apply in full and the invalid or unenforceable provision will be replaced by a provision that lawfully enforces the parties’ intention underlying the invalid or unenforceable provision.

BVS will not be liable for any delay or failure in performance under this Agreement resulting from acts of God, civil or military authority, acts of public enemy, war, accidents, vandalism, strikes, or any other cause beyond BVS’ reasonable control.

BVS will make good faith efforts, however, to perform under this Agreement in the event of any such circumstances.